Articles, Books and Other Writing

Articles, Books and Other Writing:

The Rise and (Potential) Fall of Disparate Impact Lending Litigation, in Evidence and Innovation in Housing Law and Policy (forthcoming Cambridge University Press, 2017) (with Gary Klein & Jeffrey West).

Using the False Claims Act to Remedy Tax Expenditure Fraud, 66 Duke Law Journal 535 (2016) (with Robert McGuire).

A Market Test for Bayh-Dole Patents, 102 Cornell Law Review 271 (2017) (with Lisa Larrimore Ouellette).

Contracting for Privacy Precaution (and a Laffer Curve for Crime), 45 Journal of Legal Studies 123 (2016).

Voluntary Taxation and Beyond - the Promise of Social-Contracting Voting Mechanisms, August 8, 2016. Online Appendix

Libertarian Gun Control, August 8, 2016.

Meet Callisto, the Tinder-like Platform that Aims to Fight Sexual Assault, Washington Post, Oct. 9, 2015.

Fix VW’s Polluting Diesels, and Fix the Recall System Too, Los Angeles Times, Sept. 28, 2015.

In Supreme Court redistricting case, it’s the ‘whole number of persons’, LA Times, May 29, 2015 (with Bruce Ackerman).

John Roberts’ Roadmap for Campaign Finance Reform, The Atlantic, May 7, 2015 (with Bruce Ackerman).

Statistical Methods Can Demonstrate Racial Disparity, New York Times, April 27, 2015.

Unhappy Meals: Sex Discrimination in Toy Choice at Mcdonald’s, 21 William & Mary Journal of Women and the Law 237, (2015) (with Antonia Rose Ayres-Brown) (McDonald’s Diversity Letter).

When Whites Get a Free Pass: Research Shows White Privilege is Real, New York Times, February 24, 2015.

The Rule of Probabilities: A Practical Approach for Applying Bayes’ Rule to the Analysis of DNA Evidence 67 Stanford Law Review 1447 (2015) (with Barry Nalebuff).

Innovation Sticks: The Limited Case for Penalizing Failures to Innovate 82 U Chicago Law Review 1781 (2015) (with Amy Kapczynski) Online Appendix

Protecting Consumer Investors by Facilitating “Improved Performance” Competition, 2015 U of Illinois Law Review1, (2015) (with Quinn Curtis).

Beyond Diversification: The Pervasive Problem of Excessive Fees and Dominated Funds in 401(k) Plans 124 Yale Law Journal 1346, (2015) (with Quinn Curtis).

Anti-Herding Regulation 5 Harvard Business Law Review 1, (2015) (with Joshua Mitts).

Ending Excessive Police Force Starts with New Rules of Engagement, Washington Post, December 25, 2014 (with Daniel Markovitz).

Obama, the Least Lame President?, New York Times, December 22, 2014 (with John Fabian Witt).

Evidence and Extrapolation: Mechanisms for Regulating Off-Label Uses of Drugs and Devices 64 Duke Law Journal 377, (2014) (with Ryan Abbott).

Effect of Perineal Self-Acupressure on Constipation: The PSAC Randomized, Controlled Trial Journal of General Internal Medicine (November 2014) (with Ryan Abbott, Ed Hui and Ka-Kit Hui) (Female Pamphlet) (Male Pamphlet).

The Chastain Effect: Using Title IX to Measure the Causal Effect of Participating in High School Sports on Adult Women’s Social Lives, 48 Journal of Socio-Economics (2014) (with Phoebe Clarke).

Book Review of The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice. By Lee Epstein, William M. Landes, and Richard A. Posner. Harvard University Press, 2013. JOURNAL OF ECONOMIC LITERATURE, Vol. LII (September 2014)

A Randomized Test of the Effect of Apparent BMI on Assessments of Attractiveness and Likeability (Working Paper 2014) (with Guodong Guo and Antonia Rose Ayres-Brown)

Extreme Time Discounters and Health, Insurance, and Investment Choices (Working Paper 2014) (with Greg Conyers and Darren Segal)

A Randomized Experiment Assessing the Accuracy of Microsoft’s “Bing It On” Challenge Claims, 26 Loyola Law Review 1 (2014) (with Emad Atiq, Sheng Li, Michelle Lu, Christine Tsang & Tom Maher). Data

The No Reading Problem in Consumer Contract Law, 66 Stanford Law Review 545, (2014) (with Alan Schwartz).

Skeletons in the Database: An Early Analysis of the CFPB’s Consumer Complaints, 19 Fordham Journal of Corporate & Financial Law 343, (2014) (with Jeff Lingwall, & Sonia Steinway).

The U.S. hypocrisy over Russia’s anti-gay laws, Washington Post (Jan. 31, 2014) (with William Eskridge).

Canceling the shutdown, playing by the rules, (Oct 4, 2013) (with Bruce Ackerman).

Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse,123 Yale Law Journal 714 (2013) (with Richard Luedeman).

Diversification Across Time, 39 Journal of Portfolio Management 73 (Winter 2013) (with Barry Nalebuff). (Data Files). Winner of the Bernstein Fabozzi/Jacobs Levy Outstanding Article Award.

Measuring Fiduciary and Investor Losses in 401(k) Plans (July 15, 2012) 7th Annual Conference on Empirical Studies paper.  Available at SSRN: (with Quinn Curtis).

Three Proposals for Regulating the Distribution of Home Equity, Yale Journal on Regulation (forthcoming 2013) (with Joshua Mitts). Online Appenidx

How the Internet Can Save Journalism, Huffington Post (August 7, 2013) (with Bruce Ackerman).

Information Escrows, 111 Michigan Law Review 145 (2012) (with Cait Unkovic). Excel Simulations

Anti-Incentives: The Power of Resisted Temptation, European Financial Review 40 (February-March 2012).

Regulating Opt Out: An Economic Theory of Altering Rules, 121 Yale Law Journal 2032 (2012).

How Congress Can Overrule Citizens United, Huffington Post (February 8, 2012) (with Bruce Ackerman).

Commitments Bonds, 100 Georgetown Law Journal 605 (2012) (with Michael Abramowicz).

Race Effects on eBay, 46 Rand Journal of Economics 891 (2015) (with Mahzarin Banaji and Christine Jolls).

Don’t Tax the Rich. Tax Inequality Itself, New York Times A29 (December 18, 2011) (with Aaron S. Edlin).

Paying Students to Quit Law School, Slate (November 18, 2011) (with Akhil Reed Amar).

How to Hire A Federal Watchdog, Washington Post (June 23, 2011).

Meador Lecture: Using Commitment Contracts to Further Ex Ante Freedoms: The Twin Problems of Substitution and Ego Depletion, 62 Alabama Law Review 811 (2011).

Randomizing Law, 159 University of Pennsylvania Law Review 929 (2011) (with Michael Abramowicz & Yair Listokin).

Optimal Voting Rules for Two-member Tenure Committees, 36 Social Choice & Welfare 323 (2011) (with Colin Rowat and Nasser Zakariya).

The Erasure of the Affirmative Action Debate in the Age of Obama, in THE OBAMAS AND A (POST) RACIAL AMERICA (Gregory Parks & Matthew Hughey, eds. Oxford University Press) (2011).

The $500 Diet: Weight Loss for People Who Are Committed to Change (Kindle Select, 2011). Read an Excerpt.

Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam, 2010).

Testing for Discrimination and the Problem of “Included Variable Bias,” working paper (2010).

Theodicy, 78 UMKC Law Review 1023 ( 2010).

Schwartz Lecture, Never Say No: The Law, Economics and Psychology of Counteroffers, 25 Ohio State Law Review 603 (2010).

Make A Commitment, Why Not? Column: in Forbes (with Barry Nalebuff) (August 30, 2010).

Yet Another Refutation of the More Guns, Less Crime Hypothesis – With Some Help From Moody and Marvell, 6 Econ. J. Watch 35 (2009) (with John Donohue).

More Guns, Less Crime Fails Again: The Latest Evidence from 1977 – 2006, 6 Econ. J. Watch 218 (2009) (with John Donohue).

Evidence from Two Large Field Experiments that Peer Comparison Feedback Can Reduce Residential Energy Usage, 29 Journal of Law, Economics and Organization 992 (2013) (with Sophie Raseman & Alice Shih).

Lifecyle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) (with Barry Nalebuff).

Read an Excerpt

Visit the Book website (watch videos, download data and financial calculators)

Despite Court Ruling, Congress Can Still Limit Campaign Finance, Washington Post (Jan. 26, 2010) (with Bruce Ackerman).

A Market Test for Credit Cards, Why Not? Column: in Forbes (with Barry Nalebuff) (June 25, 2009)

Crazy Eddie’s House Sale, Slate(June 1, 2009), (with Daniel Markovits).

Why not nominate vice justices for the Supreme Court?, Los Angeles Times (May 7, 2009) (with Akhil Reed Amar).

A Voluntary Gas Tax, Why Not? Column: in Forbes (with Barry Nalebuff) (March 16, 2009)

A National Endowment for Journalism, The Guardian (Feb. 13, 2009) (with Bruce Ackerman).

The LAPD and Racial Profiling, Los Angeles Times (Oct. 23, 2008).

New jingles may be coins in your pocket, Public Radio Commentary for Marketplace (July 21, 2008)

A Study of Racially Disparate Outcomes in the Los Angeles Police Department, prepared for the ACLU of Southern California, available at (October 2008) (with Jonathan Borowsky). Web Appendix (Stata data and do files).

Your Personal Climate Exchange, Why Not? Column: in Forbes (with Barry Nalebuff) (November 24, 2008)

Sell the Conventions, Why Not? Column: in Forbes (with Barry Nalebuff) (Oct. 13, 2008)

Adam Smith Meets Climate Change, Slate (September 25, 2008) (with Doug Kysar).

Studies in Contract Law (7th edition, Foundation Press, 2008) (with Richard E. Speidel) (formerly Murphy, Speidel and Ayres).

An Equity Kicker, Why Not? Column: in Forbes (with Barry Nalebuff) 113 (May 19, 2008) (en francais)

Options and Epidemics, Daedalus 118 (Spring 2008).

Lose Weight? Bet On It, Los Angeles Times (Jan. 27, 2008).

Where Money Is No Object, The Guardian (Jan. 26, 2008) (with Bruce Ackerman).

Number Crunching the 2008 Election, Tierney Lab, New York Times (Jan. 9, 2008).

The New Green, Why Not? Column: in Forbes (with Barry Nalebuff) (Dec. 21, 2007).

A Roundtable Discussion: Citizenship & the Sciences, 2 RHI: Promoting Active Citizenship 68 (2007).

Prepare to be Super-Crunched, The Times Higher Education Supplement 18 (Oct. 26, 2007).

Now, the customer’s always managed, Public Radio Commentary for Marketplace (Oct. 8, 2007) (Audio)

Bring on the Share Economy, Why Not? Column: in Forbes (with Barry Nalebuff) (Sept. 13, 2010)

Tradable Patent Rights, 60 Stanford Law Review 863 (2007) (with Gideon Parchomovsky).

Privatizing Employment Protection, 49 Arizona Law Review 587 (2007) (with Jennifer Gerarda Brown).

Cupid and Colleges, Why Not? Column: in Forbes (with Barry Nalebuff) 87 (May 9, 2007).

Mining Unconscious Wisdom, Harvard Business Review (March 1, 2008).

Experiment, Why Not? Column: in Forbes (with Barry Nalebuff) 103 (September 03, 2007). 

Give Freakonomics a Chance, The Economists’ Voice: Vol. 4 : Iss. 5, Article 1 (2007).

Super Crunchers: Why Thinking-By-Numbers is the New Way to Be Smart (Bantam 2007). Buy a copy.

Excerpt: How Computers Routed the Experts, Financial Times (August 31, 2007).

Did you use that gift card or rebate?, Public Radio Commentary for Marketplace (August 9, 2007) (Audio)  

You Found a Better Idea, Parade (July 8, 2007) (with Barry Nalebuff).

Streamline Tax Filing, Yale Law Report 48 (Summer 2007).

Market Power and Inequality: A Competitive Conduct Standard for Assessing When Disparate Impacts are Justified, 95 California Law Review 669 (2007).

Down With Plutocrats and Fat Cat Donors, Slate (June 25, 2007) (with Bruce Ackerman).

For Many, Forms Could Be a Lot Less Taxing, Public Radio Commentary for Marketplace (April 16, 2007) (Audio)

Do You Have A Better Idea?, Parade (March 25, 2007)  (with Barry Nalebuff). 

For the Love of the Game, Why Not? Column: in Forbes (with Barry Nalebuff) 54 (Feb. 23, 2007)

Seeing Significance: Is the 95% Probability Range Easier to Perceive?, 20 Chance 11 (Winter 2007) (with Antonia Ayres-Brown & Henry Ayres-Brown).

Comment on Jolls’s Behavioral Law and Economics, in Behavioral Economics and Its Applications (Peter Diamond & Hannu Vartiainen, eds., 2007).

Environmental Atonement, Why Not? Column: in Forbes (with Barry Nalebuff) 87 (Dec. 25, 2006)

Skin in the Game, Why Not? Column: in Forbes (with Barry Nalebuff) 161 (Nov. 13, 2006)

The Hollow Promise: Sexual Orientation Nondiscrimination Policies, 24 Association of Corporate Counsel Docket 48 (Oct. 2006) (with Richard F. Ober, Jr.).

Promises, not policies, Yale Alumni Magazine 32 (Sept./Oct. 2006).

Don’t Tell, Don’t Ask: Narrow Tailoring After Grutter and Gratz, 85 Texas Law Review 517 (2006) (with Sydney Foster).

New Rules for Promissory Fraud, 48 Arizona Law Review 957 (2006) (with Gregory Klass).

The Secret Refund Booth, 73 University of Chicago Law Review 1107 (2006) (with Bruce Ackerman).

Ya-HUH: There Are and Should Be Penalty Defaults, Florida State University Law Review, 33 Florida State University Law Review 589 (2006).

A Way to Stop Pretexting, Public Radio Commentary for Marketplace (Sept. 11, 2006) (Real Audio).

Easy Savings, Why Not? Column: in Forbes (with Barry Nalebuff) 146 (Sept. 4, 2006)

Give NY’s Poor What They Need Most: A Voice, New York Daily News (August 14, 2006) (with Bruce Ackerman).

How to Strengthen Shareholder Democracy, Public Radio Commentary for Marketplace (July 6, 2006) (Real Audio).

The Knicks Boldly Go Where Companies Have Not, New York Times (July 2, 2006) (with John J. Donohue III).

The Ticket to Savings, Why Not? Column: in Forbes (with Barry Nalebuff) 176 (May 22, 2006)

Written Statement, Disparity Studies as Evidence of Discrimination in Federal Contracting, U.S. Commission on Civil Rights (May 2006).

Promissory Fraud, 78 New York State Bar Association Journal 26 (May 2006) (with Gregory Klass).

Secret Political Donations Can End the Secret Deal, Financial Times 13 (April 27, 2006) (with Bruce Ackerman).

When the Blind See Better, Why Not? Column: in Forbes (with Barry Nalebuff) 141 (Feb. 13, 2006)

Menus Matter, 73 University of Chicago Law Review 3 (2006).

First Amendment Bargains, 18 Yale J. L. & Humanities 178 (2006).

Mortgage Your Retirement, Why Not? Column: in Forbes (with Barry Nalebuff) 150 (Nov. 14, 2005) (excel data)

Just What the Professor Ordered, New York Times A27 (Sept. 16, 2005).

Justice Roberts Should Sell His Stock, Public Radio Commentary for Marketplace (Sept. 14, 2005) (Real Audio).

Promises to Keep, Why Not? Column: in Forbes (with Barry Nalebuff) 78 (July 4, 2005).

Opting for Equality Public Radio Commentary for Marketplace (June 30, 2005) (Real Audio).

The Joy of Ambiguity, The Advocate (June 29, 2005) (with Jennifer Gerarda Brown).

Better Benchmarking Public Radio Commentary for Marketplace (June 21, 2005) (Real Audio).

Privatizing Gay Rights with Non-discrimination Promises Instead of Policies, The Economist’s Voice, Vol. 2: No. 2, (2005) (with Jennifer Gerarda Brown).

Mark(et)ing Nondiscrimination: Privatizing ENDA with a Certification Mark, 104 Michigan Law Review 1639 (2006) (with Jennifer Gerarda Brown) (excel GAO analysis), featured in New York Times Sunday Magazine The Year in Ideas (Dec. 11, 2005).

End Tipping? Public Radio Commentary for Marketplace (Oct. 5, 2005) (Real Audio)

Institutional and Evolutionary Failure and Economic Development in the Middle East, 30 Yale Journal of International Law 397 (2005) (with Jonathan Macey).

Does Affirmative Action Reduce the Number of Black Lawyers?, 57 Stanford Law Review 1807 (2005) (with Richard Brooks). Web Appendix (zipped folder including STATA data, do and log files).

Instantaneous Liability Rule Auctions: The Continuous Extention of Higher-Order Liability Rules, (working paper 2004) (with Sergey I. Knysh and Paul M. Goldbart)

To Insure Prejudice: Racial Disparities in Taxicab Tipping, 114 Yale Law Journal 1613 (2005) (with Fred Vars and Nasser Zakariya). STATA dataset. STATA do file.

Straight, Not Narrow: How Straight Couples Can Support Gay Marriage, New Haven Advocate (June 16, 2005) (with Jennifer Gerarda Brown).

Separate, Unequal: How Civil Unions Fall Short of Marriage, Hartford Courant A13 (June 10, 2005).

Warning: We Discriminate, Alternet (May 17, 2005).

Peer Pressure, Why Not? Column: in Forbes (with Barry Nalebuff) 135 (April 11, 2005).

Stop, Thief!, Why Not? Column: in Forbes (with Barry Nalebuff) 88 (Jan. 10, 2005).

Discrimination in Consummated Car Purchases, in Handbook on Employment Discrimination Research: Rights and Realities 137 (Springer 2005).

Looking Out For No. 2: A Modest Proposal for Single-Use Toilets, Slate (March 7, 2005).

Ask Iraqi Voters: Do You Want Us To Stay?, Hartford Courant (Jan. 38. 2005) (with Barry Nalebuff).

Going Soft on Microsoft? The EU’s Antitrust Case and Remedy, The Economists’ Voice, Vol. 2: No. 2, Article 4 (2005) (with Barry Nalebuff)..

Straightforward: How to Mobilize Heterosexual Support for Gay Rights (Princeton University Press 2005) (with Jennifer Gerarda Brown), featured in New York Times Sunday Magazine The Year in Ideas (Dec. 11, 2005). Buy a copy.

License the Fair Employment Mark (and promise not to discriminate)

Sign the Vacation Pledge (and support equal marriage rights)

Insincere Promises: The Law of Misrepresented Intent (Yale University Press 2005) (with Gregory Klass).

Winner of the 2006 Scribes Book Award “for the best work of legal scholarship published during the previous year.”

Buy a copy.

Read the First Chapter.

More infomation.

Encouraging Suggestive Behavior, Harvard Business Review 18 (December 2004), reprint F0412C (with Barry Nalebuff).

The Inclusive Command: Voluntary Integration of Sexual Minorities into the U.S. Military, 103 Michigan Law Review 150 (2004) (with Jennifer Gerarda Brown).

A Separate Crime of Reckless Sex, 72 University of Chicago Law Review 599 (2005) (with Katharine Baker).(stata do file) (stata log file) (stata data file) – featured in New York Times Sunday Magazine The Year in Ideas (Dec. 12, 2004).

Anonymously Yours, Worth 32 (November 2004).

Cable Bundling, Public Radio Commentary for Marketplace (Nov. 19, 2004) (Real Audio).

Race, Tips and Economics, Why Not? Column: in Forbes (with Barry Nalebuff) 136 (Nov. 1, 2004).

Microsoft I: A Remedy Worthy of Solomon, New York Times (Oct. 12, 2004) (with Barry Nalebuff).

Going, Going, Google, The Wall Street Journal A12 (August 20, 2004) (with Barry Nalebuff).

Throwaway Tickets, Why Not? Column: in Forbes (with Barry Nalebuff) 52 (August 18, 2004)

Should Heterosexuals Boycott Marriage?, Issues inLegal Scholarship (2004): Article 2. (with Jennifer Gerarda Brown).

Promissory Fraud Without Breach, 2004 Wisconsin Law Review 507 (2004) (with Gregory Klass).

Three Tests for Measuring Unjustified Disparate Impacts in Organ Transplantation: The Problem of “Included Variable Bias, 48 Perspectives in Biology and Medicine S68 (2005).

Optional Law: Real Options in the Structure of Legal Entitlements (University of Chicago Press, 2005). (STATA dataset) (STATA do file).

Buy a copy.

Order From U. Chicago Press.

Read the First Chapter.

More information.

Cellphone Sleuth, Public Radio Commentary for Marketplace (Aug. 20, 2004) (Real Audio).

A Donation Booth?, Public Radio Commentary for Markteplace (June 23, 2004) (Real Audio).

Say Goodbye to TIVO, Public Radio Commentary for Marketplace (June 9, 2004) (Real Audio).

Dialing for Thieves, Why Not? Column: in Forbes (with Barry Nalebuff) 76 (April 19, 2004).

Using Iraq to Undermine OPEC, Public Radio Commentary for Marketplace (April 6, 2004) (Real Audio).

The Wrong Ticket to Ride, New York Times A29 (March 24, 2004) (with Barry Nalebuff).

Benefits of Non-Transparency, Public Radio Commentary for Marketplace (Feb. 23, 2004) (Real Audio).

Principled Problem Solving: Letting Constraints Filter and Guide Your Thinking Can Often Be the Best Way to Reach Truly Creative Solutions, 14 Scientific American Mind 96 (2004).

System Down: McCain-Feingold Helped Doom the Current Model of Public Financing for Campaigns, Fixing it will Take Some Imagination, The American Prospect On Line (Dec. 12, 2003) (with Bruce Ackerman).

Who’s Right?, Public Radio Commentary for Marketplace (Nov. 10, 2003) (Real Audio).

Why Legislating Low Tuitions for State Colleges is a Mistake: They Just Subsidize the Rich, Writ Findlaw’s Legal Commentary (October 30, 2003) (with Aaron Edlin).

In Praise of Honest Pricing, 45 MIT Sloan Management Review 24 (Fall 2003)(with Barry Nalebuff).

Want to Call Me? Pay Me!, Wall Street Journal A24 (Oct. 8, 2003) (with Barry Nalebuff).

Don’t Sell Us Short, Why Not? Column: in Forbes (with Barry Nalebuff) 56 (Feb. 2, 2004).

It Beats a CD, Why Not? Column: in Forbes (with Barry Nalebuff) 160 (Dec. 8, 2003).

Dialing for Dollars, New York Times A29 (Sept. 30, 2003).

Why Not?: How to Use Everyday Ingenuity to Solve Problems Big and Small (Harvard Business School Press 2003) (with Barry Nalebuff). Buy a copy. Also published in Portugese as “Você Pode Tudo” (Negocio Editora), in Spanish as “¿Y por que NO” (Empresa Activa), in Korean (Sejong), in Japanese (Hankyu), in Chinese (The Commercial Press), in Bulgarian (Klasika and Still), in Chinese (China Times), in Estonian (Tanapaev), in Italian (Il Sole), in Korean (Sejong Books), in Russian (Williams Publishing), and in Thai (AR Business Press).

Read the New York Times review: “Daredevil Ideas from the ‘Anti-Dilberts’

Read my high school’s coverage of a Why Not talk: Finding Solutions in Search of Problems

Various Other Reviews

Book Excerpt: Ideas Waiting to Happen, Forbes 127 (Oct. 27 2003) (with Barry Nalebuff).

Book Excerpt: A Role on the Board for the ‘Loyal Opposition,’ Directors & Boards 32 (Fall 2003) (with Barry Nalebuff).

Book Excerpt: Problem Solving: What Would Croesus Do?, Darwin (Nov, 2003).

Is Legal Creativity Possible,” Olin Lecutre, University of Michigan Law School (Sept. 11, 2003) (Video clip)

Bloomberg TV Interview (Oct. 25, 2003) (Video clip)

NPR Weekend Edition Interview (Nov. 1, 2003) (Audio clip)

Post Your Own “Why Not” Idea to our webboard for possible inclusion in our next column or see a list of other “Why Not” ideas at Forbes. Read a law school article about the Why Not? project.

Making Ideas Take Flight, Business 2.0 133 (Oct. 2003) (with Barry Nalebuff).

The New Paradigm Revisited, 91 California Law Review 743 (2003) (with Bruce Ackerman) (response to The Brennan Center Jorde Symposium Issue on Bruce Ackerman & Ian Ayres, Voting With Dollars: A New Paradigm for Campaign Finance Reform, 91 California Law Review 641 (2003)).

Is Discrimination Elusive?, 55 Stanford Law Review 2419 (2003) (response to book review symposium on Ian Ayres, Pervasive Prejudice?: Unconventional Evidence of Race And Gender Discrimination (2002) and Crossroads, Directions, And a New Critical Race Theory (2002, Francisco Valdes, Jerome McCristal Culp & Angela P. Harris, eds.)).

Blackboxes for Cars, Public Radio Commentary for Marketplace (Sept. 16, 2003) (Real Audio).

Exactly Who’s In the Right in This Labor Dispute?, Yale Daily News 2 (Sept. 4, 2003) (with Barry Nalebuff).

Studies in Contract Law (6th edition, Foundation Press, 2003) (with Edward J. Murphy & Richard E. Speidel). Buy a copy.

Blackbox for Cars, Why Not? Column: in Forbes (with Barry Nalebuff) 125 (August 11, 2003)

Sarbanes/Oxley’s First Birthday, Public Radio Commentary for Marketplace (July 30, 2003) (Real Audio).

Patriot Dollars Put Money Where the Voters Are, L.A. Times at 15 (July 17, 2003) (with Bruce Ackerman).

Why a New Pardigm?, 37 Universityof Richmond Law Review 1147 (2003) (with Bruce Ackerman) (response to book review symposium on Bruce Ackerman and Ian Ayres’s Voting With Dollars: A New Paradigm for Campaign Finance Reform, 37 Universityof Richmond Law Review 935 (2003)).

An Educated Consumer, Why Not? Column: in Forbes (with Barry Nalebuff) 95 (June 09, 2003)

Charity Begins At Schedule A, New York Times, p. A21, col. 1 (April 15, 2003) (with Barry Nalebuff).

Make Car Insurance Fairer, Why Not? Column: in Forbes (with Barry Nalebuff) 154 (March 17, 2003).

Pay Per Mile Auto Insurance, Public Radio Commentary for Marketplace (Feb. 25, 2003) (Real Audio).

Valuing Modern Contract Scholarship, 112 Yale Law Journal 881 (2003).

Shooting Down the More Guns, Less Crime Hypothesis, 55 Stanford Law Review 1193 (2003) (with John J. Donohue III) (Stata datasets and do files)

The Latest Misfires in Support of the More Guns, Less Crime Hypothesis, 55 Stanford Law Review 1371 (2003) (with John J. Donohue III) (Stata do files)

Correlated Values in the Theory of Property and Liability Rules, 32 Journal of Legal Studies 121 (2003) (with Paul Goldbart).

Marketing Privacy: A Solution for the Blight of Telemarketing (and Spam and Junk Mail), 20 Yale Journal on Regulation 77 (2003) (with Matthew Funk). (pdf version)

Outcome Tests of Racial Disparities in Police Practices, 4 Journal of the Justice Research & Statics Association 131 (2002).

Spoiling Spam, Public Radio Commentary for Marketplace (Dec. 24, 2002) (Real Audio).

The Virtues of a Virtual Strike, Why Not? Column: in Forbes (with Barry Nalebuff) (Nov. 25, 2002).

Virtual Strikes, Public Radio Commentary for Marketplace (Oct. 4, 2002) (Real Audio).

Price-Protect Your Home, Why Not? Column: in Forbes (with Barry Nalebuff) (Sept 16, 2002).

Disclosuring’ hidden fees to consumers, Public Radio Commentary for Marketplace (Aug. 28, 2002) (Real Audio).

An alternative to expensing stock options, Public Radio Commentary for Marketplace (July 24, 2002) (Real Audio).

Campaign Reform’s Worst Enemy, New York Times, p. A19, col. 2 (July 6, 2002) (with Bruce Ackerman).

Opt-Out Advertising, Why Not? Column: in Forbes (with Barry Nalebuff) (June 20, 2002).

A Community of Ideas, Why Not? Column: in Forbes (with Barry Nalebuff) 173 (May 9, 2002).

If Telemarketers Paid For Your Time, Why Not? Column: in Forbes (with Barry Nalebuff) (April 15, 2002).

A Viable Alternative to Breaking up Microsoft: Compulsory Licensing That Would Make Microsoft Compete With Its Past Self, Writ Findlaw’s Legal Commentary (April 10, 2002) (with Aaron Edlin)

Voting with Dollars: A New Paradigm for Campaign Finance (with Bruce Ackerman) (Yale University Press 2002). Buy a copy.

Join and help support meaningful campaign finance reform.

Internalizing Outsider Trading, 101 Michigan Law Review 313 (2002) (with Stephen Choi).

Optimal Delegation and Decoupling in the Design of Liability Rules, 100 Michigan Law Review 1 (2001) (with Paul Goldbart).

Pervasive Prejudice?: Non-Traditional Evidence of Race and Gender Discrimination (University of Chicago Press 2001). Buy a copy.

Connecticut’s Speeder-Friendly Crackdown, New York Times, p. A19, col. 2 (August 31, 2001) (with Barry Nalebuff).

Should Campaign Donors Be Identified?, 24 Regulation 12 (Summer 2001), excerpted as A Real Solution: Make Donors Anonymous, National Review Online (July 12, 2001).

A Dilution Mechanism for Valuing Corporations in Bankruptcy 111 Yale Law Journal 83 (2001) (with Barry E. Adler).

Substitutes for Insider Trading, 54 Stanford Law Review 235 (2001) (with Joe Bankman).

Using Public Affirmative Action to Remedy Private Discrimination (with Frederick E. Vars) Chapter 2 in NYU Working Papers on Labor and Employment Law: 1998-1999 35 (2001).

Why Telemarketers Should Pay Us, Hartford Courant, p. A15, col. 3 (May 10, 2001) (with Matthew Funk).

Lectures vs. Laptops, New York Times, p. A25, col. 2 (March 20, 2001).

Monetize Labor Practices, 26 Boston Review 18 (February-March 2001).

2000 Monsanto Lecture in Tort Reform and Jurisprudence: Using Tort Settlement To Cartelize, 34 Valparaiso University Law Review 595 (2000).

Disclosure versus Anonymity In Campaign Finance, in Designing Democratic Institutions, XLII NOMOS 19 (Ian Shapiro & Stephen Macedo, eds.2000).

Economics of Affirmative Action, in 2 Encyclopedia of the American Constitution 848 (Leonard W. Levy & Kenneth L. Karst, eds., 2d ed. 2000)

Empire or Residue: Competing Visions of the Contractual Canon, in Legal Canons 47 (J.M. Balkin and S. Levinson, eds.) (2000).

Threatening Inefficient Performance, 44 European Economic Review 818 (2000) (with Kristin Madison).

Determinants of Citations to Articles in Elite Law Review, 29 Journal of Legal Studies 427 (2000) (with Fredrick E.Vars).

Taking Issue With Issue Advocacy, 85 Virginia Law Review 1793 (1999).

Nondiscretionary Concealed Weapons Laws: A Case Study of Statistics, Standards of Proff and Public Policy, 1 American Law and Economics Review 436 (1999) (with John J. Donohue III).

Threatening Inefficient Performance of Injunctions and Contracts, 148 University of Pennsylvania Law Review 45 (1999) (with Kristin Madison).

The Employment Contract, 8 Kansas Journal of Law and Public Policy 71 (1999) (with Stewart Schwab).

Why Prosecute Linda Tripp?, New York Times A17, col. 1 (August 10, 1999).

Comment [on “The Tobacco Deal” by Jeremy Bulow & Paul Klemperer], in Brookings Papers on Economic Activity: Microeconomics 395 (1998).

Eroding Entitlements as Litigation Commitment, 66 University of Chicago Law Review 836 (1999).

Majoritarian v. Minoritarian Defaults, 51 Stanford Law Review 1591 (1999) (with Robert Gertner).

1998 Ladd Lecture: Empire or Residue: Competing Visions of the Contractual Canon, 26 Florida State Law Review 897 (1999).

Discrediting the Free Market, 66 University of Chicago Law Review 273 (1999).

Limiting Patentees’ Market Power Without Reducing Innovation Incentives: The Perverse Benefits of Uncertainty and Non-Injunctive Remedies, 97 Michigan Law Review 985 (1999) (with Paul Klemperer).

When Does Private Discrimination Justify Public Affirmative Action?, 1998 Columbia Law Review 1577 (1998) (with Fredrick E. Vars).

1998 Monsanto Lecture in Tort Reform and Jurisprudence: Protecting Property With Puts, 32 Valparaiso University Law Review 793 (1998).

“Pro-competitive Executive Compensation” as a Condition for Approval of Mergers that Simultaneously Exploit Consumers and Enhance Efficiency, 19 Canadian Competition Record 18 (Spring 1998) (with Stephen F. Ross).

The Donation Booth: Mandating Donor Anonymity to Disrupt the Market for Political Influence, 50 Stanford Law Review 837 (1998) (with Jeremy Bulow) republished as La Donacion Secreta: Evitar que los candidatos sepan quienes son sus donantes permite desaticular el trafico de influencias, 83 Estudios Publicos 67 (2001)..

Measuring the Positive Externalities from Unobservable Victim Precaution: An Empirical Analysis of Lojack, 113 Quarterly Journal of Economics 43 (1998) (with Steven D. Levitt).

Default Rules for Incomplete Contracts, The New Palgrave Dictionary of Economics and the Law, Vol. A-D 585 (Peter Newman, ed., 1998).

Remedying Private Discrimination: Following the ‘Anderson’ Model, Los Angeles Times M2, col. 3 (April 26, 1998).

Three Proposals To Harness Private Information in Contract, 21 Harvard Journal of Law and Public Policy 135 (1997).

The Twin Faces of Judicial Corruption: Extortion and Bribery, 74 Denver University Law Review 1231 (1997).

The Donation Booth, 22 Boston Review 26 (December-January 1997-98) (with Jeremy Bulow), reprinted in 47 Yale Law Report 62 (2000) and The News-Gazette, B1 (Sept. 27, 1998).

Breaking Windows: Why the Justice Department Should Go After the Microsoft Monopoly, The New Republic 18 (Nov. 17, 1997).

Never Confuse Efficiency With A Liver Complaint, 1997 Wisconsin Law Review 503 (1997).

Common Knowledge As A Barrier to Negotiation, 44 UCLA Law Review 1631 (1997) (with Barry Nalebuff).

Studies in Contract Law (5th edition, Foundation Press, 1997) (with Edward J. Murphy & Richard E. Speidel). Buy a copy.

Car Buying, Made Simpler, New York Times F12 (April 13, 1997) (with Peter Schuck).

Legal Entitlements as Auctions: Property Rules, Liability Rules, and Beyond, 106 Yale Law Journal 703 (1997) (with Jack Balkin).

Narrow Tailoring, 43 UCLA Law Review 1781 (1996).

Pushing the Envelope: Antitrust Implications of the Envelope Theorem, 17 Mississippi College Law Review 21 (1996). See also Electronic Discussion, 17 Mississippi College Law Review 91, 93, 102 (1996).

Comment on Painter, 65 Fordham Law Review 201 (1996).

The Q-Word As Red Herring: Why Disparate Impact Liability Does Not Induce Hiring Quotas, 74 Texas Law Review 1485 (1996) (with Peter Siegelman).

Review, Overcoming Law, by Richard A. Posner, 40 American Journal of Legal History 371 (1996).

Pursuing Deficit Reduction Through Diversity: How Affirmative Action at the FCC Increased Auction Competition, 48 Stanford Law Review 761 (1996) (with Peter Cramton).

Supply Side Inefficiencies and Competitive Federalism, in International Regulatory Competition and Coordination: Perspectives on Economic Regulation in Europe and the United States (Oxford University Press, 1996) (McCahery, Baratton et al. eds.)

Distinguishing Between Consensual and Nonconsensual Advantages of Liability Rules, 105 Yale Law Journal 235 (1995) (with Eric Talley).

Further Evidence of Discrimination in New Car Negotiations and Estimates of Its Cause, 94 Michigan Law Review 109 (1995). [Zipped Wordperfect File]

Review, The Limits of Freedom of Contract, by Michael J. Trebilcock, 33 Journal of Economic Literature 865 (1995).

Aid Diversity, and the Treasury, New York Times F13 (May 21, 1995) (with Peter Cramton).

HLA Matching in Renal Transplantation, 332 The New England Journal of Medicine 752 (1995) (with Robert Gaston and Mark Deierhoi).

Solomonic Bargaining: Dividing A Legal Entitlement To Facilitate Coasean Trade, 104 Yale Law Journal 1027 (1995) (with Eric Talley).

Supply-Side Inefficiencies in Corporate Charter Competition: Lessons from Patents, Yachting and Bluebooks, 43 Kansas Law Review 541 (1995).

Race and Gender Discrimination in Negotiation For the Purchase of a New Car, 84 American Economic Review 304 (1995) (with Peter Siegelman).

Alternative Grounds: Epstein’s Discrimination Analysis in Other Market Settings, 31 University of San Diego Law Review 67 (1994).

A Market Test for Race Discrimination in Bail Setting, 46 Stanford Law Review 987 (1994) (with Joel Waldfogel).

Racial Equity in Renal Transplantation: The Disparate Impact of HLA-Based Allocation, 270 Journal of American Medical Association 1352 (1993) (with Robert Gaston, Laura Dooley and Arnold Diethelm). Response to letters-to-the-editors, 271 Journal of American Medical Association 269 (1994).

Relational Investing And Agency Theory, 15 Cardozo Law Review 1033 (1994) (with Peter Cramton).

Economic Rationales For Mediation, 80 Virginia Law Review 323 (1994) (with Jennifer Brown).

Preliminary Thoughts on Optimal Tailoring of Contractual Rules, 3 Southern California Interdisciplinary Law Journal 1 (1993).

Mutual and Unilateral Mistake in Contract Law, 22 Journal of Legal Studies 309 (1993) (with Eric Rasmusen).

Unequal Racial Access to Kidney Transplantation, 46 Vanderbilt Law Review 805 (1993) (with Laura Dooley and Robert Gaston).

Making a Difference: The Contractual Contributions of Easterbrook and Fischel, 59 University of Chicago Law Review 1391 (1992), reprinted in 35 Corporate Practice Commentator 65 (1993).

Designing Responsive Regulatory Institutions, 2 The Responsive Community 41 (1992) (with John Braithwaite).

Price and Prejudice, The New Republic 30 (July 6, 1992).

Judging Close Corporations in the Age of Statutes, 70 Washington University Law Quarterly 365 (1992).

Partial Industry Regulation: A Monopsony Standard for Consumer Protection, 80 California Law Review 13 (1992) (with John Braithwaite).

Responsive Regulation: Transcending the Deregulation Debate (Oxford University Press 1992) (with John Braithwaite). Buy a copy.

Strategic Contractual Inefficiency and the Optimal Choice of Legal Rules, 101 Yale Law Journal 729 (1992) (with Rob Gertner).

The Possibility of Inefficient Corporate Contracts, 60 Cincinnati Law Review 387 (1991).

Three Approaches to Modelling Corporate Games: Some Observations, 60 Cincinnati Law Review 419 (1991).

Tripartism: Regulatory Capture and Empowerment, 16 Law and Social Inquiry 435 (1991) (with John Braithwaite).

Pregnant With Embarrassments: An Incomplete Theory of the Seventh Amendment, 26 Valparaiso University Law Review 385 (1991).

Back to Basics: Regulating How Corporations Speak to the Market, 77 Virginia Law Review 945 (1991).

Fair Driving: Gender and Race Discrimination in Retail Car Negotiations, 104 Harvard Law Review 817 (1991).

Optimal Pooling in Claims Resolution Facilities, 53 Law and Contemporary Problems 159 (1990).

“I’ll Sell It To You at Cost:” Legal Methods to Promote Retail Markup Disclosure, 84 Northwestern Law Review 1047 (1990) (with F. Clayton Miller).

Analyzing Stock Lockups: Do Target Treasury Sales Foreclose or Facilitate Takeover Auctions?, 90 Columbia Law Review 682 (1990).

Playing Games with the Law, 42 Stanford Law Review 1291 (1990).

Unlocking the Stock Lockup in Mobil v. Marathon Oil, 1 Journal of Merger and Acquisition Analysis 37 (1990).

Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules, 99 Yale Law Journal 87 (1989) (with Robert Gertner).

Colleges in Collusion, The New Republic 19 (October 16, 1989).

A Private Revolution: Markovits and Markets, 64 Chicago-Kent Law Review 861 (1989).

The Economics of the Insurance Antitrust Suits: Toward an Exclusionary Theory, 63 Tulane Law Review 971 (1989) (with Peter Siegelman) reprinted 4 National Insurance Law Review 1 (1990) and 4 Insurance Law Anthology 501 (1989-1990).

Determinants of Airline Carrier Conduct, 8 International Review of Law & Economics, 187 (1988).

A Theoretical Fox Meets Empirical Hedgehogs: Competing Approaches to Accident Economics, 82 Northwestern Law Review 837 (1988).

Halfway Home, 13 Law and Social Inquiry 413 (1988).

How Cartels Punish: A Structural Theory of Self-Enforcing Collusion, 87 Columbia Law Review 295 (1987).

Posner’s Symphony No. 3: Thinking About the Unthinkable, 39 Stanford Law Review 791 (1987) (with John Donohue).

Rationalizing Antitrust Cluster Markets, 95 Yale Law Journal 109 (1985).